Booking.com and Implications for Domain-Name Trademarks: Distinctiveness, Consumer Surveys, Functionality

Mr. Feldman, Vice Chair of the firm’s Trademark & Brand Management Group, counsels companies, organizations, and individuals on the protection of their intellectual property rights. He focuses his practice on establishing effective domestic and international brand management best practices and resolving intellectual property controversies between his clients and third parties, including trademark, copyright, domain-name and right-of-publicity disputes.

Mr. Fingerhut is the former leader of the firm’s Trademark & Copyright Practice for eight years. Ranked as a First Tier trademark lawyer in the World Trademark Review’s “WTR 1000,” he has practiced all aspects of global brand identity and reputation management for more than 25 years. His practice includes trademark, copyright, right of publicity, advertising, marketing, domain name and new media law. Throughout his career Mr. Fingerhut has registered and protected many of the world's best known brand names in the automotive, bicycle, clothing, food, hospitality and technology industries. The crux of Mr. Fingerhut’s practice includes clearance searches and opinions, global filing programs, designing and implementing trademark protection and enforcement programs, and managing global trademark portfolios. His litigation experience includes infringement, dilution, cybersquatting and unfair competition cases in U.S. district and appellate courts, oppositions and cancellations before the United States TTAB and domain name arbitration proceedings.

Mr. Frohling is a leading legal strategist on marketing and corporate communications mechanisms and content. He combines over 25 years of counseling, transactional and litigation experience with a passion for forging creative, strategic solutions that achieve the enterprise’s on-the-street and online goals within its risk profile. Mr. Frohling works with clients in a variety of industries, including retail and consumer brands, real estate, and industrial manufacturing, both domestically and internationally. He fosters, supports and defends all aspects of clients’ marketing and communications efforts, including brand clearance, exploitation and policing; advertising disputes; marketing co-ventures; e-commerce ventures and disputes; corporate responsibility initiatives; ad agency agreements, disputes and terminations; talent deals and terminations; and the protection and exploitation of media content.